Section 50-25.1-09.1 - Employer retaliation prohibited - Penalty1. An employer that retaliates against an employee solely because the employee in good faith reported having reasonable cause to suspect that a child was abused or neglected, or died as a result of abuse or neglect, or because the employee is a child with respect to whom a report was made, is guilty of a class B misdemeanor. It is a defense to any charge brought under this section that the presumption of good faith, described in section 50-25.1-09, has been rebutted.2. The employer of an individual required or permitted to report pursuant to section 50-25.1-03 which retaliates against the individual because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that individual in a civil action for all damages, including exemplary damages, costs of the litigation, and reasonable attorney's fees.3. There is a rebuttable presumption that any adverse action within ninety days of a report is retaliatory. For purposes of this subsection, an "adverse action" is action taken by an employer against the individual making the report or the child with respect to whom a report was made, including: a. Discharge, suspension, termination, or transfer from any facility, institution, school, agency, or other place of employment;b. Discharge from or termination of employment;c. Demotion or reduction in remuneration for services; ord. Restriction or prohibition of access to any facility, institution, school, agency, or other place of employment or individuals affiliated with it.Amended by S.L. 2021, ch. 377 (SB 2083),§ 17, eff. 8/1/2021.